To: | American International Relocation Soluti ETC. (dcohen@egsllp.com) |
Subject: | U.S. Trademark Application Serial No. 88481934 - FORECASTER - 13403-4 |
Sent: | August 14, 2019 05:22:28 PM |
Sent As: | ecom104@uspto.gov |
Attachments: | Attachment - 1 Attachment - 2 Attachment - 3 Attachment - 4 Attachment - 5 |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88481934
Mark: FORECASTER
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Correspondence Address: |
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Applicant: American International Relocation Soluti ETC.
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Reference/Docket No. 13403-4
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: August 14, 2019
SEARCH OF OFFICE’S DATABASE OF MARKS
The trademark examining attorney has searched the Office’s database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
SUMMARY OF ISSUES
SECTION 2(e)(1) REFUSAL – MARK IS MERELY DESCRIPTIVE
In the present case, applicant seeks to register its mark FORECASTER in standard characters for “Providing a website featuring information in the field of relocation and moving services, namely, by providing a means to budget and estimate moving costs and expenses; providing a website featuring information in the field of employee and personnel relocations, namely, cost estimate and budget information; providing a website featuring information in the field of business relocations; providing a website featuring information in the field of office relocations; Employee relocation; Moving and relocation services, namely, planning and implementing moves of homes and offices; Moving and relocation services, namely, planning and implementing moves of homes for others; Moving and relocation services, namely, planning and project oversight of home moving for others; Personnel relocation; Relocation and moving consultation services, namely, budget and cost estimations for planning and implementing moves of homes and offices; business relocation consulting; Relocation and moving services, namely, providing information on planning and implementing moves of homes and offices, featuring information related to moving expenses” in International Class 035.
The attached dictionary evidence establishes that the term FORECAST means “to predict or estimate (a future event or trend),” and “a calculation or estimate of future events, especially coming weather or a financial trend,” and that a FORECASTER is “a person who forecasts.” When viewed in connection with applicant’s services, in particular the budgeting and cost estimation services, the immediate commercial impression conveyed to consumers is that applicant offers financial forecasting as to the cost of relocation and moving.
Therefore, the applied-for mark is merely descriptive of the purpose of applicant’s services.
Supplemental Register Advisory
Amending to the Supplemental Register does not preclude applicant from submitting evidence and arguments against the refusal. TMEP §816.04.
IDENTIFICATION OF SERVICES REQUIREMENT
Applicant may adopt the following identification, if accurate (changes in bold):
Providing a website featuring information in the field of business relocation and moving services, namely, the budgeting and estimation of moving costs and expenses; Providing a website featuring information in the field of employee and personnel relocations, namely, cost estimate and budget information; Providing a website featuring information in the field of business relocations; Providing a website featuring information in the field of office relocations; Employee relocation; Moving and relocation services, namely, planning and implementing moves of homes and offices; Moving and relocation services, namely, planning and implementing moves of homes for others; Moving and relocation services, namely, planning and project oversight of home moving for others; Personnel relocation; Relocation and moving consultation services, namely, providing budget and cost estimations for the planning and implementing moves of homes and offices; Business relocation consulting; Relocation and moving services, namely, providing information on planning and implementing moves of homes and offices, featuring information related to moving expenses
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
For this application to proceed, applicant must explicitly address each refusal and/or requirement in this Office action. For a refusal, applicant may provide written arguments and evidence against the refusal, and may have other response options if specified above. For a requirement, applicant should set forth the changes or statements. Please see “Responding to Office Actions” and the informational video “Response to Office Action” for more information and tips on responding.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
HOW TO RESPOND: Click to file a response to this nonfinal Office action
ASSISTANCE
/Tamara Hudson/
Examining Attorney
Law Office 104
571.272.2575
tamara.hudson@uspto.gov
PROCEDURAL INFORMATION FOR RESPONSES